ACOP - San Antonio Housing Authority
ACOP - San Antonio Housing Authority ACOP - San Antonio Housing Authority
ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP) Introduction The PHA receives its operating subsidy for the public housing program from the Department of Housing and Urban Development. The PHA is not a federal department or agency. A public housing agency (PHA) is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. The PHA enters into an Annual Contributions Contract with HUD to administer the public housing program. The PHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. PHA policy must be consistent with the public housing lease and any policy documents provided to tenants, and the lease and policy documents must comply with federal and state law. The ACOP contains policies that reflect the terms of the public housing lease. Policies on a particular topic may be included in the public housing lease, or may be a separate document incorporated in the lease by reference, such as a pet policy or transfer policy. Because of variations in state and local landlord-tenant law, and because HUD affords PHA’s wide discretion in some areas, a broad range of policies could be acceptable. Only a few of these compliant policies can be listed in the ACOP. References Cited In the ACOP Authority for PHA policies is derived from many sources. Primary among these sources are regulations and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. In the absence of legal requirements or HUD guidance, industry practice may lead to PHA policy. Finally, the public housing lease will affect PHA policy and therefore must be consistent with federal and state laws and regulations. HUD HUD provides the primary source of PHA policy through federal regulations, HUD Notices and handbooks. Compliance with federal regulations, current HUD Notices and HUD handbooks is mandatory. HUD provides non-mandatory guidance to PHA’s through HUD published guidebooks. Expired HUD Notices and handbooks also provide guidance for PHA policy. Following HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy. Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Content contained on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations to a specific pattern. State Law Where there is no mandatory federal guidance, PHA’s must comply with state law, if it exists. Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law. SAHA ACOP Page 1 of 46 1/2012
Industry Practice Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. An industry practice is a way of doing things that is followed by most housing authorities. Resources Cited In the ACOP The ACOP cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the ACOP may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the ACOP and a list of references and document locations that are referenced in the ACOP or that may be helpful. Abbreviations Throughout the ACOP, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited by the ACOP. Abbreviation Document CFR Code of Federal Regulations HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001. HUD-50058 HUD-50058 Instruction Booklet IB PH OCC GB Public Housing Occupancy Guidebook, June 2003 RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions VG Verification Guidance, March 2004 (attachment to PIH Notice 2004-1) Exhibits, Terms and Definitions All exhibits, explanations and definitions of important terms can be found at the end of the ACOP, marked and labeled accordingly. Please refer to the glossary for definition of most terms. Resources and Where to Find Them Following is a list of resources helpful to the PHA or referenced in the ACOP, and the online location of each. Document and Location Code of Federal Regulations www.access.gpo.gov/nara/cfr/index.html Earned Income Disregard FAQs SAHA ACOP Page 2 of 46 1/2012
- Page 1: SAN ANTONIO HOUSING AUTHORITY PUBLI
- Page 5 and 6: http://www.gpo.gov/fdsys/pkg/FR-201
- Page 7 and 8: ADMISSIONS AND CONTINUED OCCUPANCY
- Page 9 and 10: SAN ANTONIO HOUSING AUTHORITY PUBLI
- Page 11 and 12: 12. Displaying posters and other ho
- Page 13 and 14: 3. The nature and importance of the
- Page 15 and 16: 6. The Authority records with respe
- Page 17 and 18: 8. The applicant must provide the c
- Page 19 and 20: c. That he/she may be assisted by C
- Page 21 and 22: i. Targeting investment and capital
- Page 23 and 24: 1. Subject to the factors affecting
- Page 25 and 26: Written Third Party Verification Th
- Page 27 and 28: . Excess utility c. Maintenance and
- Page 29 and 30: VI. OCCUPANCY STANDARDS A. The PHA
- Page 31 and 32: VII. TRANSFERS TRANSFER POLICY A. E
- Page 33 and 34: 5. Demolition, Disposition, Revital
- Page 35 and 36: J. HANDLING OF REQUESTS 1. Resident
- Page 37 and 38: O. REEXAMINATION POLICIES FOR TRANS
- Page 39 and 40: d. results in substantial functiona
- Page 41 and 42: d. When the family’s Rental Agree
- Page 43 and 44: ii. The family must be in complianc
- Page 45 and 46: physical or mental impairment which
- Page 47 and 48: XIII RENTAL AGREEMENT TERMINATION A
- Page 49 and 50: Document No: Exhibit 1A SAN ANTONIO
- Page 51 and 52: disability-related functions, inclu
Industry Practice<br />
Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy.<br />
An industry practice is a way of doing things that is followed by most housing authorities.<br />
Resources Cited In the <strong>ACOP</strong><br />
The <strong>ACOP</strong> cites several documents. Where a document or resource is cited frequently, it may be<br />
abbreviated. Where it is cited only once or twice, the <strong>ACOP</strong> may contain the entire name of the document<br />
or resource. Following is a key to abbreviations used for various sources that are frequently cited in the<br />
<strong>ACOP</strong> and a list of references and document locations that are referenced in the <strong>ACOP</strong> or that may be<br />
helpful.<br />
Abbreviations<br />
Throughout the <strong>ACOP</strong>, abbreviations are used to designate certain documents in citations. The following<br />
is a table of abbreviations of documents cited by the <strong>ACOP</strong>.<br />
Abbreviation Document<br />
CFR Code of Federal Regulations<br />
HCV GB <strong>Housing</strong> Choice Voucher Program Guidebook<br />
(7420.10G), April 2001.<br />
HUD-50058 HUD-50058 Instruction Booklet<br />
IB<br />
PH OCC GB Public <strong>Housing</strong> Occupancy Guidebook, June 2003<br />
RHIIP FAQs Rental <strong>Housing</strong> Integrity Improvement Program<br />
(RHIIP) Frequently Asked Questions<br />
VG<br />
Verification Guidance, March 2004 (attachment to<br />
PIH Notice 2004-1)<br />
Exhibits, Terms and Definitions<br />
All exhibits, explanations and definitions of important terms can be found at the end of the <strong>ACOP</strong>, marked<br />
and labeled accordingly. Please refer to the glossary for definition of most terms.<br />
Resources and Where to Find Them<br />
Following is a list of resources helpful to the PHA or referenced in the <strong>ACOP</strong>, and the online location of<br />
each.<br />
Document and Location<br />
Code of Federal Regulations<br />
www.access.gpo.gov/nara/cfr/index.html<br />
Earned Income Disregard FAQs<br />
SAHA <strong>ACOP</strong> Page 2 of 46 1/2012
Change language